Govt retaliating over bill leak: Stanhope

Reporter: Narda Gilmore

MAXINE McKEW: The Prime Minister has rejected claims that the ACT has been excluded from any further consultation over the planned new counter-terrorism laws. A week after posting the draft legislation on his website, the ACT Chief Minister says he's been told in an email that he won't be receiving an updated draft of the laws. Tonight John Howard has told reporters Mr Stanhope will still be consulted, even though his actions in publicising the laws were wrong. From Canberra, Narda Gilmore reports.

NARDA GILMORE: The ACT Chief Minister believes it's the community's right to see the details of the tough new counter-terrorism measures. That's why he posted the draft laws on his website. An updated draft will be released next week. Jon Stanhope says he was told today in a government email that he won't be getting one.

JOHN STANHOPE, ACT CHIEF MINISTER: I think that's an incredibly churlish if not childish move by the Prime Minister and frankly I'm quite stunned by it.

NARDA GILMORE: According to Mr Stanhope, the email from the Office of Parliamentary Counsel said the updated draft would be sent to other states, by fax not email, and he says they've been instructed not to give the document to anyone outside their offices.

JON STANHOPE: The Prime Minister requires the approval of four of the states and territories before he can introduce and proceed with his legislation. He's decided he doesn't need me.

NARDA GILMORE: Not so, according to the Prime Minister. Tonight John Howard confirmed Mr Stanhope will in fact receive all drafts of the legislation.

JOHN HOWARD, PRIME MINISTER: There is no purpose served. I've decided in the people of the ACT being treated with the discourtesy that Mr Stanhope displayed towards his fellow leaders.

NARDA GILMORE: John Howard is yet to reach a compromise with other state leaders over the inclusion of a shoot-to-kill power in the draft laws. The states say it was never raised with them; a point Mr Howard acknowledges.

JOHN HOWARD: It was something that we regarded as completely incidental to the implementation of the agreement. I wasn't holding anything back. If I had thought that it was necessary to raise it, I would have.

MICK KEELTY, FEDERAL POLICE COMMISSIONER: From a policing perspective nothing will change - whether the application of lethal force is part of the new bill of whether it remains the same as what it is today.

JOHN HOWARD: I'm sure that in further discussion with the premiers, which I intend to have, we can reach some compromise or understanding about it.

NARDA GILMORE: It seems further discussions will also be needed with members of the Government's own backbench. A committee examining the laws has concerns, and for the second time this week Victorian Liberal MP Petro Georgiou has called for more safeguards. He wants an independent watchdog appointed to monitor the new powers. In a speech today Mr Georgiou said: "The task of getting it right of ensuring the package is both effective and respectful of fundamental rights will be one of the most profound challenges confronting the parliament in the coming weeks." It's expected the final legislation will be introduced in just over a weeks time. Narda Gilmore, Lateline.